Gillian Black, PUBLICITY RIGHTS AND IMAGE: EXPLOITATION AND LEGAL CONTROL Oxford: Hart Publishing (www.hartpub.com), 2011. xx + 223 pp. ISBN 9781849460545. £45.

Document Cited authorities (1) Cited in Related
AuthorPatrick O'Callaghan
DOI10.3366/elr.2012.0094
Published date01 January 2012
Date01 January 2012
Pages135-137

Since the early 1960s we have become accustomed to what Radin terms a “market rhetoric” on the part of Law and Economics scholars (M J Radin, Contested Commodities (2001) 4). The provocative nature of such work often generates heated debates about the appropriateness of this rhetorical style. But “market rhetoric” has been a feature of the personality rights field since the emergence of intellectual property rights in the nineteenth century. Yet, in the UK, several important problems remain unresolved. How should legislators and courts respond to a culture in which public figures and celebrities routinely market their persona as a product? What are the justifications for a potential publicity right? And how should this right take shape in practice? These are some of the important questions addressed by Gillian Black in her recent book on publicity rights and image.

Black's book is a welcome addition to the literature in the field for she considers complex and difficult questions about privacy and publicity and brings to her task an obvious commitment to exacting analysis. Her method merges theory with “evidence of commercial practice” (5). This technique is most apparent in Part II of the book. Here, Black considers various justifications for a publicity right and...

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